Droit et gouvernement de l’Empire (284-410 apr. J.-C.)

Abstract

The legal experience of Late Antiquity is marked by the centrality of the emperor in establishing norms through imperial constitutions. The transmission of these constitutions through the Theodosian Code encouraged a bias that focused attention on general laws, while a “government by rescripts” was maintained. Jurisprudential literature continued to circulate: it permeated the training of jurists and civil servants, as well as judicial practices. Jurists were present at every level of the empire’s administration. The iudices were assisted by legal technicians known as assessors. Emphasis was also placed on minor players who were nonetheless essential to the functioning of justice: notaries and court clerks. Other players also appeared, notably the defenders of the cities and the bishops, through the audientia episcopalis. “Forum shopping” and rivalry between jurisdictions undoubtedly contributed to the negative impression of a late justice system that was not very efficient: literary sources paint a negative picture that needs to be assessed in the light of recent research.

Keywords

• Roman Empire
• Late Antiquity
• Roman Law
• Justice
• Imperial Constitutions
• Roman Jurists